A clickwrap (also known as a clickthrough, shrink-wrap, or sign-in-wrap) is an agreement in which the user signifies her acceptance of an online agreement by clicking a button or checkbox that states “I agree” after being presented with the contract.
A clickwrap agreement is an enforceable way to present contracts to a large volume of users and can be integrated on your website, mobile app, or online store.
Common types of agreements that use a clickwrap include but are not limited to:
Clickwrap agreements can also be used for HR onboarding documents, sales agreements like SLAs, MSAs, and sales order forms, and any standardized agreement that you regularly present for acceptance.
Generally speaking, clickwrap agreements are found enforceable when they follow best practices. Courts generally determine the validity of a clickwrap agreement by determining:
There are three types of evidence that have had the most success in enforcing the clickwrap agreement in court:
When a clickwrap agreement follows best practices, keeps robust records, and is designed to provide conspicuous notice to users, it is typically enforceable.
While clickwrap and browsewrap agreements have many similarities, there is one key distinction that makes a clickwrap agreement the safest choice to protect your company.
A clickwrap agreement conspicuously presents an agreement to a user and requires that she click a button or box that says "I agree" before proceeding to the next screen. Browsewrap, on the other hand, does not often provide conspicuous notice of an agreement. It is a link at the foot of the page indicates the existence of the contract to the user, but the user is not required to accept the Terms.
Browsewraps are less likely to be upheld in court and recommended that your button and checkbox be kept separate.
PactSafe was designed to take the hassle away from managing online agreements by saving time and reducing legal risk. PactSafe's comprehensive clickwrap solution provides recordkeeping and versioning, and captures crucial data points that improves the enforceability of your agreements.